Is a failure to preserve or collect evidence a denial of due process?
MultiRegion, United States of America
The following excerpt is from Lee v. Ducharme, 120 F.3d 268 (9th Cir. 1997):
The state's failure to preserve or collect evidence that is only potentially useful is not a denial of due process unless the defendant shows bad faith on the part of the police and shows that the loss of evidence prejudiced the defendant's case. See Arizona v. Youngblood, 488 U.S. 51, 58 (1988).
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